fixed on by the commissioners shall be recorded, and shall not be altered within one year thereafter.

Code, s. 3746; R. C., c. 102, s. 38; 1879, c. 87.

2800. Notaries. Notaries public and other persons acting as such shall be allowed the sum of fifty cents for protesting for nonacceptance or for nonpayment, or for both when done at the same time, any order, draft, note, bond or bill or any other thing necessary to be protested, and the sum of ten cents for each notice sent in connection therewith. For other necessary services, where no fee is fixed, they shall be allowed twenty cents for every ninety words. Cases of protest concerning vessels or other cargoes shall not be affected by this section.

Code, s. 3749; 1889, c. 446; 1895, c. 296; 1903, c. 734.

2801. Entry-taker. Entry-takers shall receive the following fees, and no other, namely: For an entry, including all services, forty cents; issuing each duplicate warrant, when thereto required, twenty-five cents; for posting and advertising, the applicant shall pay the entry-taker one dollar, and the costs of the newspaper advertisement.

Code, ss. 2765, 3744; K. C., c. 102, s. 32; 1870-1, c. 139, s. 3; 1903, c. 272, s. 3.

2802. Surveyors and chain-carriers. Surveyors appointed by courts to survey any lands, the boundaries of which may come in question in any suit or proceeding pending therein, or called upon by the commissioners to assist in surveying and dividing the lands. of intestates or others, held in common, shall receive the following fees, and no other, namely: For every survey on an entry containing three hundred acres or less, one dollar and sixty cents, and for every hundred more than that quantity, forty cents; for surveying lands in dispute, by order of court, traveling to and from the place, and performing the duty, two dollars per day, or such greater sum as the court may allow; for assisting in surveying and dividing the lands of intestates, or others, held in common, when called upon. by the commissioners appointed to make partition, or in laying off dower; traveling to and from the place, and performing the duty, two dollars per day. For assisting in surveying and allotting the homestead exemption of any person when summoned to do so by the sheriff or other lawful officer, for traveling to and from the place and performing the duty, two dollars per day, which shall be taxed in the bill of costs. In all surveys made by order of the court, the chain-carriers shall be allowed such compensation as the court may determine, not exceeding one dollar each per day; and in matters of disputed boundary, which may come in question, in any suit, the court may make to the surveyor such allowance for plots as it

may deem reasonable, which, with the allowance to chain-carriers, shall be taxed as costs. The fees of the county surveyor of the counties of Rowan and Wayne shall be three dollars per day for all services done by them in their official capacity.

Code, s. 3754; 1893, c. 58, s. 2; 1905, cc. 182, 263.
Note. For fees for registering surveys, see s. 1724.

2803. Witnesses. The fees of witnesses, whether attending at a term of court or before the clerk, or a referee, or commissioner, or arbitrator, shall be one dollar per day. They shall also receive mileage, to be fixed by the county commissioners of their respective counties, at a rate not to exceed five cents per mile for every mile necessarily traveled from their respective homes in going to and returning from the place of examination by the ordinary route, and ferriage and toll paid in going and returning. If attending out of their counties, they shall receive one dollar per day and five cents per mile going and returning by the ordinary route, and toll and ferriage expenses. Provided, that witnesses before courts of justices of the peace shall receive fifty cents per day in civil cases, and in criminal actions of which justices of the peace have final jurisdiction, witnesses attending the courts of justices of the peace, under subpoena, shall receive fifty cents per day, and in hearings before coroners witnesses shall receive fifty cents per day and no mileage; but the party cast shall not pay for more than two witnesses subpoenaed, to prove any one material fact, and no prosecutor or complainant shall pay any costs, unless the justice shall find that the prosecution was malicious and frivolous: Provided further, that experts, when compelled to attend and testify, shall be allowed such compensation and mileage as the court may in its discretion order. Witnesses attending before the corporation commission shall receive two dollars per day and five cents per mile traveled by the nearest practicable route. All witnesses subpoenaed to attend courts of justices of the peace in Franklin county in the trial of civil or criminal cases in any township other than their resident townships shall be paid the same per diem and mileage that is now paid witnesses attending the superior courts: Provided further, that practicing physicians of medicine when compelled to attend and testify in criminal actions in Iredell county shall be allowed five dollars per diem for all such attendance.

Code, ss. 2860, 3756; 1891, c. 147; 1905, cc. 279, 522.

Note. For mileage of witnesses before legislative committee, see General Assembly.

For where county pays half fees, see s. 1283.

2804. Fees, by whom paid; when in advance. The several officers named in this chapter shall receive the fees hereinbefore pre

scribed for them respectively, from the persons for whom, or at whose instance, the service shall be performed, except persons suing as paupers; and no officer shall be compelled to perform any service, unless his fee be paid or tendered, except in criminal actions. The said officers shall receive no extra allowance or other compensation whatever, unless the same shall be expressly authorized by statute. In case the service shall be ordered by any proper officer of the state, or of a county, for the benefit of the state or county, the fees need not be paid in advance; but if for the state, shall be paid by the state, as other claims against it are; if for a county, by the board of commissioners, out of the county funds. criminal cases are not demandable in advance.

Code, ss. 3758, 1173.

The fees in

2805. Copy-sheet, what constitutes. A copy-sheet shall consist of one hundred words, and in reckoning the number of words in a copy-sheet, every date, or amount of money, expressed in figures, as "1855," "$250.90," shall be estimated and charged as one word.

Code, s. 3757; R. C., c. 102, s. 42; 1868-9, c. 279, s. 556.

2806. Keeper of capitol. The salary of the keeper of the capitol, or superintendent of public buildings and grounds, shall be eight hundred dollars per annum, which shall include his compensation as keeper of the arsenal.

Code, ss. 2302, 2303.

2807. Board of public charities. The members of the board of public charities shall receive no compensation for their services except their actual traveling expenses while attending the sessions of the board, not oftener than four times a year, and not to exceed four days at each session. The printing of all necessary blanks for use of the board shall be paid for as other state printing.

NOTE. For fees of harbor-masters, see s. 4960.
For fees of pilots, see ss. 4962, 4969, 4972, 4978-4980.
For publishing notice sale of land for taxes, see s. 2890.
For fee for analysis of water supplies, see s. 3055.

2808. Election for. In each county a sheriff shall be elected by the qualified voters thereof, as is prescribed for members of the general assembly, and shall hold his office for two years.

Const., Art. IV, s. 24.

2809. Ineligibility for. No person shall be eligible to the office of sheriff who is not of the age of twenty-one years, and has not resided in the county in which he is chosen for one year immediately preceding his election, or who is a member of the general assembly, or practicing attorney, or who theretofore has been sheriff of such county, and hath failed to settle with and fully pay up to every officer the taxes which were due from him.

Code, ss. 2067, 2068, 2069; R. C., c. 105, ss. 5, 6, 7; 1777, c. 118, ss. 2, 4; 1806, c. 699, s. 2; 1829, c. 5, s. 6; 1830, c. 25, ss. 2, 3.

2810. Resignation of. Every sheriff may vacate his office by resigning the same to the board of county commissioners of his county; and thereupon the board may proceed to elect another sheriff.

Code, s. 2077; R. C., c. 105, s. 15; 1777, c. 118, s. 1; 1808, c. 752.

2811. Vacancy in, how filled; guilty of a misdemeanor. If any sheriff shall be convicted of a misdemeanor in office, the court may at its discretion, as a part of his punishment, remove him from office; and on any vacancy in the office, created by this or any other means, the coroner of the county shall execute all process directed to the sheriff, until the first meeting of the county commissioners next succeeding such vacancy, when the board shall elect a sheriff to supply the vacancy for the residue of the term, who shall possess the same qualifications, enter into the same bonds, and be subject to removal, as the sheriff regularly elected; and should the board fail to fill such vacancy, the coroner shall continue to discharge the duties of sheriff until it shall be filled.

Code, s. 2071; R. C., c. 105, s. 11; 1829, c. 5, s. 8.

II. BOND.

2812. County commissioners to take. The board of county commissioners in every county shall take and approve the official bonds of the sheriffs, which they shall cause to be registered and the originals deposited with the clerk of the superior court for safe-keeping. Said bonds shall be taken on the first Monday of December next after the election of sheriffs, but no board shall permit any former sheriff to give bonds for, or re-enter upon the duties of the office, until he has produced before the board the receipt in full of every such officer for taxes which he has or should have collected.

Code, ss. 2066, 2068; 1868, c. 20, s. 32; 1876-7, c. 276, s. 5; R. C., c. 105, s. 6; 1806, c. 699, s. 2; 1830, c. 25, s. 2.

2813. Justification of, required when bond insufficient. It shall be the duty of the board of county commissioners whenever they shall be of opinion that the bonds of the sheriff of their county are insufficient, to notify said sheriff in writing to appear within ten days and give other and better sureties, or justify the sureties on his bonds; and in case such sheriff shall fail to appear on notice, or fail to give sufficient bonds, or to justify his bonds, it shall be the duty of said board to elect forthwith some suitable person in the county as sheriff for the unexpired term, and who shall give proper and lawful bonds and be subject to like obligations and penalties.

Code, s. 2074; 1879, c. 109, s. 2.

2814. Commissioners liable for loss, when. If any board of county commissioners shall fail to comply in good faith with the provisions of this subchapter, they shall be liable for all loss sustained in the collection of taxes, on motion to be made by the solicitor of the district.

Code, s. 2075; 1868-9, c. 245, s. 3.

2815. Liability of sureties on. The sureties to a sheriff's bond shall be liable for all fines and amercements imposed on him, in the same manner as they are liable for other defaults in his official duty. Code, s. 2076; R. C., c. 105, s. 14; 1829, c. 33.

III. DUTIES OF.

2816. To receipt for process. Every sheriff, coroner or constable shall, when requested, give his receipt for all original and mesne process placed in his hands for execution, to the party suing out the same, his agent or attorney; and such receipt shall be admissible as evidence of the facts therein stated, against such officer and